...Section 19, Contract Act, and the respondent could have avoided the contract by returning the vehicle and demanding the mo...Section 72, Contract Act. The reasoning of the learned Judge was as follows : "Money h...Section 72. Contract Act comes into operation and applies to the facts of the case...

...Section 19, Contract Act, and were not deeds that were void, and therefore of no legal or binding effect. The plaintiff's suit, th...the learned Counsel appearing on behalf of the plaintiff has argued that under Section 25, Contract Act, Act 9 of 1872...Section 25, Contract Act. We were doubtful whether a case in which the only relief claimed was a declaration that a document was void and w...

...Contract Act. The evidence of the claimant's witness Richetti is that the claimants entered into the contracts only because of this representation and warranty and his evidence to that effect has not been dented in cross-examination...criticised the findings of the Arbitral Tribunal on Section 19 of the Contract Act by relying upon Illustration (b) therein. It will be useful to reproduce Sections 18 and 19 of the Contract ...and operated at 120 MW, if it was found later that the assertion relating to the said capacity and functioning was not true, a clear case of misrepresentation, as per Section 18 of the Contract Act was made out....

...:Held :(i) that, judged by the standard laid down in Section 17, Contract Act, the policy-holder was clearly guilty of a fraudulen...taken of the Explanation to Section 19 of the Contract Act.”14. This decision was relied upon in LIC of India v. G.M Channabasamma...liberty to lead evidence before the High Court.5. Examining the matter on merits the learned Single Judge referred to the provisions of Section 45 of the Insurance Act, 1938 which...

....19. Under Section 25 of the Contract Act an agreement made without consideration is void. Section 65 of the Contract Act says that when a contract be...for the purpose of deciding the point. They are subsumed under the sub-title “Performance of reciprocal promises” in the said Act. Section 51 deals with a contract concerning reciprocal promises to be...he delivers his stock.16. Section 54 of the Contract Act is to be read in that background. It is extracted below:“54. When a contract...

...Registration Act, 1908; Section 107 of the Transfer of Property Act, 1882; Section 19 of the Contract Act, 1872 and Section 16 of the Act. While dealing with Question (i...dated 20-7-2010 in the application made by the petitioner under Section 8 of the Arbitration and Conciliation Act, 1996 (for short “the Act”) having held that the lease deed dated 19-12-2005 is...while pressing the application under Section 8 of the Act, the petitioner did not show any inclination to pay the deficit stamp duty on the lease deed dated 19-12-2005 nor expressed her desire that she...

...misrepresentation is proved, the agreement being a contract becomes voidable at the option of the party against whom it was done. Option under Section 19 of the Contract Act not only facilitates such a par...as voidable.29. The second part of Section 19 of the Contract Act extends a further benefit to the aggrieved party to seek the performance of the contract, notwithstanding...clear from Illustration (c) to Section 19 of the Contract Act, which provides for the B party either to avoid the contract or insist upon it being carried out. It also debars the violator from deriving...

...action or arbitration.”6. On behalf of Respondent 1, it was contended that Condition 19 was hit by Section 28 of the Contract Act, 1872 inasmuch as it seeks to..., vide its judgment dated 30-6-1986, observed that Condition 19 was not hit by Section 28 of the Contract Act and further that the suit was otherwise barred by limitation as the claim was repudiated by...arbitration agreement and for appointment of arbitrators was barred under clause 19 of the policy. It has been repeatedly held that such a clause is not hit by Section 28 of the Contract Act and is valid...

...on that basis, then the contract would have been voidable at their instance under Section 19 of the Contract Act. But they have abandoned that plea and have admitted that the breach of contract wa..., if at all, to receive only reasonable compensation under Section 74 of the Contract Act and the Courts erred in not considering this aspect. Under this head, the counsel also urged that even a...raised by the appellant at any stage of the proceedings in the High Court. Therefore, Section 74 of the Contract Act has no application.14. The first question that arises...

...of the Contract Act an agreement made without consideration is void. Section 65 of the Contract Act says that when a contract becomes void any person who has received any advantage under such ...grant of compensation was filed by the appellants herein under Section 166 of the Motor Vehicles Act, 1988 (for short “the Act”) in the Court of the Civil Judge (Senior Division) and Motor Accidents...Act obligates the owner of the motor vehicle to get the vehicle insured insofar as the claim of third party is concerned. The Act does not deal with contract of insurance as such. Contract of insurance...

...Section 19 Contract Act, and not void, here there was no consent at all……. It is based primarily on the authority of the English cas...Contract Act, 1872. Therefore, the appeal is absolutely ill advised and is liable to be dismissed.26. Mr. Chhabbra, learned counsel has preferred to press Section 92 of the Act...Court……”ARGUMENTS OF THE LEARNED COUNSEL7. Mr. S.C Chhabbra, learned counsel for the defendant-appellants has argued that under Section 92 of the Evidence Act, 1872 (for...

...another angle. Section 19 of the Specific Relief Act provides relief against parties and persons claiming under them by subsequent title. Except as otherwise provided by Chapter II, specific performance of a ....”9. We have carefully considered sub-sections (a) to (e) of Section 19 of the Act. From a careful examination of the aforesaid provisions of clauses (a) to (e) of the Specific R...adverse to the title of the vendor do not fall in any of the categories enumerated in sub-sections (a) to (e) of Section 19 of the Specific Relief Act.10. That apart, from a plain reading of ...

...from the insurer in such a situation.19. Under Section 25 of the Contract Act an agreement made without consideration is void. Section 65 of the...to Section 64-VB of the Insurance Act, Sections 25, 51, 52, 54 and 65 of the Contract Act and the decisions of this Court in Inderjit Kaur (1998) 1 SCC 371 and Rula (2000) 3 SCC 195...insured.9. Section 64-VB of the Insurance Act, 1938 (for short “the Insurance Act”) provides as under:“64-VB. No risk to be assumed unless...

...to the analogous provisions of Section 19 of Limitation Act he found that the statement made by the petitioner as a witness in the course of...the meaning of Section 25 (3) of the Contract Act and saved limitation. The revision petition is directed against this finding. 2. It is common ground that at the time when the s...provisions of Section 25(3) of the Contract Act, if applicable, could save the claim from being time-barred. The learned Munsif with reference to ...

...proviso to sub-section (3) of Section 19 of the Act. Otherwise, sub-section (3) of Section 19 of the Act and sub-clause (3) to clause 20 of the Ordinance were identical in every ...(3) of Section 19 of the Act adversely affected a large number of employees of the erstwhile contract carriage operators. A large number of writ petitions were, therefore, filed in the High Court...Section 19 of the Act the same works out to 4.45 per vehicle. Further, while under the Ordinance conductors were entitled to be absorbed, the ratio provided under the Act shows that conductors are not...

...Exception to Section 19 of the Indian Contract Act, 1872 [hereinafter referred to as "Contract Act"], Sangam had the means to discover the condition of the Kalpi Stretch with ordinary diligence, t...Learned Senior Counsel further contended that the Impugned Order is based on the 'Exception' to Section 19 of the Contract Act. However, it is contended that this Exception is not applicable to cases...on behalf of NHAI, that it is a settled law that an argument on a question of law such as the Exception to Section 19 of the Contract Act being applicable, can be taken at any stage of the proceedings...

...period, the right itself would stand extinguished. Such a clause would not be hit by Section 28 of the Contract Act.21. Clause 19 in terms said that in no...virtue of the provisions of Section 28 of the Contract Act, 1872. In this connection, he has pointed out that this matter was concluded against the respondent by the judgment in...complaint within a certain stipulated period which could be less than that prescribed by the Limitation Act, was not violative of Section 28 of the Contract Act and as such the findings of the Commission...

...in the absence of such party. 7. We may look to this problem from another angle. Section 19 of the Specific Relief Act pro...and communicated such acceptance to the other party to the contract. 8. We have carefully considered sub-sections (a) to (e) of Section 19 of the Act. From a careful examination of the aforesaid ...sub-sections (a) to (e) of Section 19 of the Specific Relief Act. 9. that apart, from a plain reading of section ...

...Section 19 of the Contract Act, this Court was of the view that without restoring pre- contract situation no relief could have been granted to the petitioners and accordingly, in order to restore pre...executed by them were without consent and were under coercion and therefore, they are voidable contract and even the amount was also deposited in their account without their consent, then in view of...-contract situation, the direction has been 1 (G. S. AHLUWALIA) JUDGE given in...